Can IRS garnish boyfriend's wages if he claimed me as a dependent on his taxes?

[lilianabear3]

We live in Nevada. He filed single and claimed me and my 2 sons. He is disabled collecting ssdi and also works part time. I owe 2 offsets child support and student loans. We are worried they may take his taxes to pay my offsets.

[DanielV01 · Accepted solution]

No, they won't garnish or offset his return.  His return can only be offset if you're married.  However, you may wish to ensure that his return was filed correctly.  Although he may be able to claim you and your children, if he is not the biological father of the children, then he is not allowed to claim them as if they are his own, which is a much, much lower refund.  If he did claim them as his own, and he is not the biological father, it would be very wise to amend the return to show that.  Yes, a significant part of the refund will have to be returned.  But the consequences will be worse when the IRS audits this (and they likely will).